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The Human Rights Tribunal of Ontario (HRTO) has made mediation mandatory for all Applications filed on or after June 1, 2025, except where the Application is dismissed at a preliminary stage for being outside of jurisdiction or where the HRTO determines that another proceeding is more appropriate. Mediations have proven to be very successful in resolving Applications at the HRTO and are aligned with the HRTO's mandate under the Human Rights Code, which encourages resolution through alternative dispute resolution methods rather than traditional adversarial approaches.
These changes are outlined in Rule 15 of the HRTO’s Rules of Procedure (Rules). This Practice Direction contains general information on mandatory mediations.
Mediation is a process used in many legal disputes to help parties reach a mutually acceptable resolution with the assistance of an HRTO mediator, without going to a hearing. Mediation gives both sides a chance to negotiate directly and try to reach an agreement.
The parties to the mediation are the applicant, and the respondent(s). Participants may also include representatives, and any other individual named in the case who are required or invited to attend. Having legal representation is not a requirement – it is your choice. Many applicants in HRTO proceedings are self-represented.
An active listening approach is applied at the mediation, where the applicant and respondent(s) are each given a chance to explain to an HRTO mediator what happened to bring about the Application and what they believe should be done about it. The HRTO mediator does not have the authority to make decisions on the merits of an Application.
All parties are expected to attend and participate in the mediation in good faith.
Mediation is often scheduled earlier in the process and takes less time than a formal hearing. If the parties reach a settlement, a settlement agreement is often finalized on the same day. The mediation process is confidential.
Mediation is facilitated by a trained adjudicator, who acts as a neutral mediator. The mediator does not judge the case or decide who is right, but may provide their thoughts on the strengths and weaknesses of each party’s case. The mediator cannot influence or force the parties to settle. The mediator cannot give legal advice to any parties.
This helps keep the conversation neutral and focused on finding a solution that works for everyone. The mediator will listen to both sides, review documents, explore options and work toward a voluntary resolution of the dispute.
In comparison, a formal hearing is a public event that results in a public decision. During the hearing, the applicant and respondent(s) must present evidence. This may include documents, facts, witnesses, and legal arguments. The applicant must rely on evidence to prove their case. The hearing will be overseen by an adjudicator other than the adjudicator that conducted the mediation, who is a neutral decision-maker with experience, training and knowledge of human rights law and issues. The hearing adjudicator is the sole decision maker at a hearing. The parties cannot control the outcome except by sharing their evidence and arguments.
A voluntary mediation requires all parties to agree to participate for a mediation to take place. For Applications filed with the Tribunal prior to June 1, 2025, mediation is scheduled in every Application where the parties have agreed to participate.
A mandatory mediation requires parties to participate in a mediation before the Application proceeds through the tribunal's processes. For all Applications received on or after June 1, 2025, a mediation shall be scheduled and where the Tribunal directs a party, intervenor or affected person to attend mediation, that party’s attendance shall be mandatory.
Before mediation, it is helpful to collect all relevant documents. Have them easily accessible during mediation, because you may want to refer to them. This includes:
Reviewing these materials ahead of time can help you understand the issues and possible solutions.
Take time to think about your goals for mediation and what you may be willing to negotiate. Preparing in advance can help you participate more effectively. Consider:
Mediation involves discussion and compromise. Both parties should be prepared to explore options and negotiate a solution that both sides can accept.
Mediations at the HRTO are usually held by video conference on Zoom. The session is typically scheduled for 3.5 hours (half a day).
During mediation, each party will have a chance to explain their position, preferred outcomes, and any limits there may be with the guidance of the mediator.
Anything you say to the mediator can be revealed to the other party, unless you clearly state that it is confidential. The mediator will respect your privacy and use their judgement when communicating information to each side.
Mediations follow this general process:
In some situations, the HRTO may arrange for the parties to begin the session in separate rooms. To request this, please submit an Accommodation Request or a Form 10 (Request for an Order During Proceedings), and explain why the request is needed.
Mediations at the HRTO are usually held electronically using Zoom. Make sure you are ready to participate fully by checking that you have:
Setting up your technology in advance will help the session run smoothly. If you need support, an instructional video is available on the Tribunals Ontario website.
If you do not have access to a computer or internet to participate in the proceeding, the Tribunal can arrange another option for you to attend, such as participating by telephone or at an Access Terminal. Please request an accommodation.
If the parties reach a settlement through mediation, they must file a Form 25 (Confirmation of Settlement) within 14 days. In many cases, the Form 25 is filed before the mediation ends.
If a Form 25 is not filed within 14 days, the Tribunal may administratively close the file without further notice under HRTO Rule 15.9.
If a file is administratively closed under this rule, a party may ask the Tribunal to reopen it. The request must be made in writing within 30 days of receiving the Administrative Closure Letter and must explain the reasons for the request. A copy of the request must be provided to all other parties.
If no agreement is reached, the Application will proceed to the next step in the HRTO process, which may include a hearing.
Hearings often take two or more days and require formal preparation.
Everything discussed in mediation is confidential. It will not be shared with the hearing adjudicator and cannot be used as evidence in any future Tribunal proceeding. At the hearing, the adjudicator will make a decision based solely on the evidence and arguments presented there.
Given current timelines at the HRTO, it can take a very long time to get to a merits hearing. Exploring early resolution may offer a faster and more manageable path for everyone involved.
If you strongly believe mediation is not appropriate for your case, you may ask the Tribunal to make an exception. Exemptions to mediation are granted only in exceptional circumstances. Parties requesting an exemption should submit a Form 10: Request for an Order During Proceedings to request an exemption to mandatory mediation as early as possible, and in any event at least 7 days before the scheduled mediation. You should provide reasons why you think you should be exempted from participating in mediation. The request for an exemption from mandatory mediation is decided by an adjudicator.
Unless the Tribunal grants your request, all parties are required to attend the mediation as scheduled.
Regarding how requests for exemptions to mandatory mediation are determined by the HRTO, see for example Zirk v. Liquor Control Board of Ontario, 2025 HRTO 3041.
If you cannot attend the scheduled mediation for a valid reason, you may ask the Tribunal to reschedule it. Your request must explain the reason and include alternative dates. For more information, see the HRTO Practice Direction on Rescheduling and Adjournments.
To request an adjournment, parties must file a Form 10: Request for an Order During Proceedings. A copy of the request must be provided to all parties.
Unless the Tribunal grants your request, all parties are required to attend the mediation as scheduled.
Mediation is a mandatory step in the HRTO process for Applications received after June 1, 2025.
If no adjournment or exemption has been ordered, all parties are expected to attend mediation on the scheduled date. If you fail to attend, whether personally or through an authorized representative attending on your behalf, the Tribunal will take steps that may affect your case.
If the applicant does not attend, the Tribunal may dismiss their Application or take any other action it considers appropriate (HRTO Rule 15.6).
If the respondent, intervenor, or affected person who was directed to attend mediation does not attend, the Tribunal may decide that they are no longer entitled to notice of future proceedings or to participate in the process, including by presenting evidence or making submissions (HRTO Rule 15.7).
In accordance with Rule 15.4 all parties, intervenors, and affected persons and their representatives in attendance at a mediation must agree to abide by the confidentiality agreement before the mediation starts. All matters disclosed during mediation are confidential and may not be raised before the HRTO or in other proceedings without permission of the person who provided the information.